Kasso v. City of Minneapolis
- Katherine Menendez
- 0:23-cv-02782
- U.S. District Court · District of Minnesota
- 13
In Leila Kasso v. City of Minneapolis, Magistrate Judge Micko granted in part and denied in part the City's motion for sanctions, ordering plaintiff Leila Kasso to pay $4,944.21 in attorney fees, paralegal fees, and deposition costs for failing to comply with a court discovery order and failing to appear at her own deposition, but declining to dismiss her lawsuit at this time.
Pro se plaintiff Leila Kasso, who is ordered to pay $4,944.21 in monetary sanctions and to complete outstanding discovery by February 26, 2026, under threat of dismissal with prejudice for any further noncompliance.
What happened
In Leila Kasso v. City of Minneapolis, plaintiff Leila Kasso is suing the City of Minneapolis and its Police Department. During the discovery phase of the case — the pretrial process in which both sides exchange relevant information — the City asked the court to force Ms. Kasso to respond to its information requests. On November 4, 2025, the court granted nearly all of the City's requests and ordered Ms. Kasso to substantially complete her discovery responses by November 26, 2025. Ms. Kasso provided little meaningful new information by that deadline and failed to appear at her own deposition scheduled for January 7, 2026, despite having received proper notice of it at both her email address and her mailing address.
The City then moved for sanctions — court-ordered penalties — asking the court to dismiss Ms. Kasso's lawsuit entirely and to order her to pay the City's costs. Ms. Kasso objected, arguing that the City itself had engaged in improper conduct, that its discovery requests and deposition notice were not properly made, and that lesser remedies had not yet been tried. The court found that while Ms. Kasso's failures were serious and showed signs of willfulness, they did not yet rise to the level that would justify permanently ending her case, because she had still participated in the litigation to some degree and fairness required trying lesser remedies first.
Magistrate Judge Micko granted the motion in part and denied it in part. The court ordered Ms. Kasso to pay the City $4,596.21 in attorney and paralegal fees related to preparing the sanctions motion and attending the hearing, plus $348.00 to cover the cost of the court reporter and videographer who appeared for the deposition Ms. Kasso did not attend, for a total of $4,944.21, due by May 1, 2026. The court also ordered Ms. Kasso to provide complete discovery responses by February 26, 2026, and to file a sworn statement confirming she did so. The court warned Ms. Kasso that any further failure to comply with court orders or to appear at a noticed deposition will result in dismissal of her case with prejudice — meaning she would be permanently barred from pursuing it.
The detailed version
In Leila Kasso v. City of Minneapolis, No. 23-cv-2782 (KMM/DLM), United States Magistrate Judge Douglas L. Micko issued an Order on Motion for Sanctions on February 19, 2026, granting in part and denying in part the City of Minneapolis's Motion for Sanctions against plaintiff Leila Kasso.
Background and Procedural History
Ms. Kasso filed suit against the City of Minneapolis and the City of Minneapolis Police Department. The case proceeded through pretrial proceedings, during which the City served discovery requests — interrogatories (written questions) and Requests for Production (requests for documents). Receiving little in response, the City moved to compel discovery on October 21, 2025. On November 4, 2025, the court held a hearing and granted the motion to compel as to nearly all requests, overruling Ms. Kasso's objections and setting a substantial completion deadline of November 26, 2025. Ms. Kasso was allowed to ask clarifying questions at the hearing, which she did.
On November 25, 2025, one day before the deadline, Ms. Kasso sent some interrogatory responses that provided virtually no new information, largely restating previously overruled objections. As of the February 9, 2026 sanctions hearing, she had produced almost nothing in response to the City's Requests for Production. The City also properly noticed Ms. Kasso's deposition for January 7, 2026, by email and United States Postal Service mail to her addresses on file with the court. USPS records confirmed delivery on November 22, 2025. Ms. Kasso did not appear at the deposition. The City incurred costs for a court reporter and videographer who did appear.
Legal Framework
The court analyzed the motion under Federal Rule of Civil Procedure 37, which governs discovery sanctions. Rule 37(b) authorizes sanctions for failure to comply with discovery orders, including dismissal, default judgment, and striking pleadings — known as 'case-terminal' sanctions — as well as lesser sanctions. Rule 37(d) independently authorizes sanctions for failure to attend one's own deposition or to answer interrogatories, and mandates an award of reasonable expenses including attorney's fees unless the failure was substantially justified or an award would be unjust.
For case-terminal sanctions such as dismissal, courts in the Eighth Circuit require: (1) an order compelling discovery, (2) a willful violation of that order, and (3) prejudice to the other party. Because dismissal forecloses resolution on the merits, courts employ it sparingly and must at least consider lesser sanctions first. General findings of willfulness are not required for non-terminal sanctions, though willfulness informs the choice of sanction.
Dismissal Denied
The court declined to dismiss Ms. Kasso's claims with prejudice. While it found that the pattern of Ms. Kasso's failures bore the hallmarks of willfulness and bad faith, it concluded that her failures were not total — she had responded to court motions and made some efforts to engage in the litigation. In the interest of fairness, and consistent with the strong policy favoring resolution on the merits, the court determined that monetary sanctions were the most appropriate first-line remedy. The court warned explicitly, however, that future noncompliance with court orders or failure to appear at a properly noticed deposition will result in dismissal with prejudice.
Monetary Sanctions Granted
The court awarded the following monetary sanctions: - $4,070.00 in attorney's fees for preparing the sanctions motion. - $277.50 in attorney's fees for the February 9, 2026 hearing (half the $555 requested, because only one attorney presented argument). - $248.71 in paralegal fees. - $348.00 in deposition costs (court reporter and videographer) for the January 7, 2026 deposition Ms. Kasso failed to attend. - Total: $4,944.21, payable to the City of Minneapolis by May 1, 2026.
The court rejected Ms. Kasso's argument that the deposition was not properly noticed, noting that the notice was delivered to her own addresses and that she had replied to an email thread referencing the deposition date. The court also declined to award costs associated with an Independent Medical Examination ('IME') scheduled for February 10, 2026, because that IME proceeded without issue and the associated costs were not wasted.
Ms. Kasso's pro se status (representing herself without a lawyer) did not excuse her noncompliance; the court noted that it had specifically invited her questions at the November 4 hearing to ensure clarity, and she had asked and received answers.
Additional Orders
The court ordered Ms. Kasso to provide complete discovery responses as required by the November 4, 2025 order no later than February 26, 2026, and to file a declaration (a sworn written statement) certifying compliance. The parties were also directed to meet and confer (discuss in good faith) and submit a proposed revised pretrial schedule by March 3, 2026.
Reviewer note from the AI+
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